JUSTICE DEPARTMENT SUPPORTS CASTRO GOVERNMENT SUIT IN INCREDIBLE BRIEF

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP65B00383R000200240054-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 15, 2016
• Document Release Date: June 18, 2004
• Sequence Number: 54
• Publication Date: October 17, 1963
• Content Type: OPEN

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1963 CONGRESSIONAL RECORD - SENATE 18741
Range, San Bernardino County, Calif., for
defense purposes (Rept. No. 564).
By Mr. MOSS, from the Committee on
Interior and Insular Affairs, without amend-
ment:
S. 1584. A bill to approve a contract ne-
gotiated with the Newton Water Users' As-
sociation, Utah, to authorize its execution,
and for other purposes (Rept. No. 566); and
S. 1687. A bill to approve the January 1963
reclassification of land of the Big Flat unit
of the Missoula Valley project, Montana, and
to authorize the modification of the repay-
ment contract with the Big Flat Irrigation
District (Rept. No. 565).
By Mr. SIMPSON, from the Committee on
Interior and Insular Affairs, with amend-
ments :
S. 1299. A bill to defer certain operation
and maintenance charges of the Eden Val-
ley Irrigation and Drainage District (Rept.
No. 567).
By Mr. WALTERS, from the Committee on
Interior and Insular Affairs, with amend-
ments:
S. 1243. A bill to change the name of the
Andrew Johnson National Monument, to
add certain historic property thereto, and
for other purposes (Rept. No. 570).
By Mr. BARTLETT, from the Committee on
Commerce, without amendment:
H.R.75. An act to provide for exceptions
to the rules of navigation in certain cases
(Rept. No. 569).
TRANSPORTATION OF LUMBER-
REPORT OF A COMMITTEE-
MINORITY VIEWS (S. REPT. NO.
568)
Mr. MAGNUSON. Mr. President, from
the Committee on Commerce, I report
favorably, with amendments, the bill (S.
2100) to continue certain authority of
the Secretary of Commerce to suspend
the provisions of section 27 of the Mer-
chant Marine Act, 1920, with respect to
the transportation of lumber, and I sub-
mit a report thereon, together with
minority views of Senators BEALL and
TIIURMOND.
I ask that the report be printed, to-
gether with the minority views.
The PRESIDENT pro tempore. The
report will be received, and the bill will
be placed on the calendar; and, without
objection, the report will be printed, as
requested by the Senator from Washing-
ton.
BILLS INTRODUCED
Bills were introduced, read the first
time, and, by unanimous consent, the
second time, and referred as follows:
By Mr. KEATING:
S. 2242. A bill for the relief of Livia Ser-
nini (Cucciati); to the Committee on the
Judiciary.
By Mr. BAYH:
S. 2243. A bill for the relief of Clarence
C. and Lucy W. Russell; to the Committee on
the Judiciary.
By Mr. JORDAN of North Carolina
(for himself, and Mr. ERviN)..
S. 2244. A bill to provide for the establish-
ment of the Cape Lookout National Seashore
in the State of North Carolina, and for other
purposes; to the Committee on Interior and
Insular Affairs.
By Mr. McINTYRE:
S. 2245. A bill for the relief of the town
of Weare, N.H.; to the Committee on the
Judiciary.
(See the remarks of Mr. MCINTYRE when
he introduced the above bill, which appear
under a separate heading.)
By Mr. JOHNSTON (by request):
S.. 2246. A bill to extend the benefits of
the Annual and Sick Leave Act of 1951, the
Veterans' Preference Act of 1944, and the
Classification Act of 1949 with respect to
employees of county committees established
pursuant to section 8.(b) of the Soil Conser-
vation and Domestic Allotment Act, and for
other purposes; to the Committee on Post
Office and Civil Service.
By Mr. DIRKSEN (for Mr. JORDAN of
Idaho):
S. 2247. A bill to require that Irish po-
tatoes sold or shipped in interstate com-
merce be labeled as to State of origin; to the
Committee on Agriculture and Forestry.
(See the remarks of Mr. DIRKSEN when he
introduced the above bill, which appear
under a separate heading.)
RESOLUTION
EULOGIES ON THE LATE SENATOR
ESTES KEFAUVER, OF TENNESSEE
Mr. MANSFIELD submitted a resolu-
tion (S. Res. 216) providing for eulogies
on the late Senator Kefauver, of Ten-
nessee, which was considered and agreed
to.
(See the above resolution printed In
full when submitted by Mr. MANSFIELD,
which appears under a separate head-
ing.) .
TOWN OF WEARE, N.H.
Mr. McINTYRE. Mr. President, on
July 25, 1963, the fire company of the
town of Weare, N.H., extinguished a for-
est fire on land under the jurisdiction of
the Corps of Engineers. I introduce a
bill for the relief of the town, which paid
the fire company for these services.
Problems affecting local services on Gov-
ernment lands would be eased substan-
tially by the- passage of S. 815, now be-
fore the intergovernmental Relations
Subcommittee of the Committee on Gov-
ernment Operations.
This.bill would cede jurisdiction over
such lands back to the States on such
questions as service of process, voting
rights of residents, personal property
taxes, and the duties of local govern-
ments. Until this knotted tangle of in-
tergovernmental relations can be untied,
claim bills such as the one I am intro-
ducing today will be necessary if fair-
ness is to be observed.
The PRESIDENT pro tempore. The
bill will be received and appropriately
referred.
The bill (S. 2245) for the relief of the
town of Weare, N.H., introduced by Mr.
MCINTYRE, was. received, read twice by its
title, and referred to the Committee on
the Judiciary.
LABELING OF IRISH POTATOES
SHIPPED IN INTERSTATE COM-
MERCE
Mr. DIRKSEN. Mr. President, on be-
half of the Senator from Idaho [Mr.
JORDAN], who is absent, I ask unanimous
consent to have printed in the RECORD at
this point a statement prepared by him
in connection with the bill I am intro-
ducing in his behalf.
The PRESIDENT pro tempore. The
bill will be received and appropriately
referred; and, without objection, the
statement will be printed in the RECORD.
The bill (S. 2247) to require that Irish
potatoes sold or shipped in interstate
commerce be labeled as to State of origin,
introduced by Mr. DIRKSEN,(for Mr. JOR-
DAN of Idaho), was received, read twice
by its title, and referred to the Committee
on Agriculture.
The statement of Mr. JORDAN of Idaho,
presented by Mr. DIRKSEN, is as follows:
STATEMENT BY SENATOR JORDAN OF IDAHO
The bill is of extreme importance to my
State of Idaho. Our potatoes are known
throughout the whole country as potatoes
which are different from all others. Why is
this true? Without going into great detail,
I will explain as follows: The great potato
fields of Idaho are, for the most part, in the
Snake River Valley. There the soil is vol-
canic ash, rich in nitrogen. Until irriga-
tion came to this section of the country,
little was grown in this soil. Now, how-
ever, this is practically all potato country-
Idaho potato country. And it is no fable
that a potato of just as high a quality grown
anywhere else in the country will not be like
an Idaho potato.
When potatoes are planted, which I am
sure many of you know, old potatoes are
cut up so that each piece. has at least one
eye. These pieces with the eyes are then
planted and the new potato plants will grow
from them. You could literally take an
Idaho russet, cut it up in pieces-each with
an eye-and plant half of the pieces in the
potato country in Idaho and the other half
of the pieces back here in the East, and the
plants that grow from the two different
groups of pieces would produce potatoes
which would taste differently. That would
be true even if all other growing conditions
were equal-cultivation, irrigation, and so
forth. The substances in the soils would
make the difference. A true Idaho potato
cannot be grown anywhere but in the type
soil that is found in the State of Idaho and
in one county in the State of Oregon.
We in Idaho have capitalized on this one
fact. Our success in past years with grow-
ing and merchandising Idaho russet pota-
toes has been the envy of all potato produc-
ing areas. We have, through untiring ef-
forts and the expenditure of innumerable
dollars, produced and sold a quality potato,
a premium potato, and a different potato-
and it is known as an Idaho potato. Because
of our belief in the quality of the potato
we produce and market, we have consistently
opposed legislation to provide acreage allot-
ment. controls for potatoes; we have con-
sistently refused to sacrifice quality for
quantity; and we have consistently put our
faith in the demands and the preference
of the consumer for a quality product.
But, although it has been the people of
Idaho who have invested their time, money,
and efforts into building up the reputation
of the quality Idaho potato, people in other
areas many times have benefited just as
much from Idaho's efforts. That is because
they in other areas sell their potatoes as
"Idaho potatoes" when they are not.
Often this is the case. When you have a
quality product, inferior imitations soon en-
ter the market place. Some even lend greater
credulity and strength to the quality prod-
uct. But such has not been the case so far
as the Idaho potato is concerned. In this
situation, competition and imitation have
taken the form of misrepresentations and
fraud; and as a consequence, the Idaho
potato market has suffered.
It is impossible to enter any market in
this country today to buy an Idaho potato
and be certain that you are getting an Idaho
potato--even though the bag may be clear-
ly marked, "Idaho," or, "grown in Idaho."
Housewives do not like this; I do not like
this; and most definitely the people of Idaho
do not like this.
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AL RECORD - SENATE October 17
In the past years it has become common
practice to put inferior potatoes grown else-
where into plastic bags clearly marked that
the potatoes were grown in Idaho. That in-
creases the profit margin of the potatoes be-
ing sold. Some producer somewhere else
in the country, by deceit and fraud, is
reaping part of the benefits brought about
by the hard work and the devotion to quality
of the potato growers in the State of Idaho.
In addition, such a misrepresentation has
a twofold effect on thy State's tubers-it
degrades the high quality of our potatoes,
and It cuts appreciably Into the sales of
our potatoes.
There are now laws on the statute books
which do make some attempt to prohibit
this misrepresentation. But for every bag,
every potato that is found to be mislabeled,
hundreds, even thousands more go unde-
tected.
At the request of the Idaho potato indus-
try, I gladly join In sponsoring with the
senior Senator from Idaho this bill which
will effectively outlaw such reprehensible
practices. The purposeof the bill Is simple:
It requires only that all potatoes be labeled
as to the State of origin. It Is hoped that
such labeling will totally eliminate any and
all misrepresentations to the buying pub-
lic.
This bill has the endorsement of the entire
potato Industry of Idaho, and has been
thoroughly examined and approved by the
Idaho Potato and Onion Commission. It is
a bill which has been the subject of many
meetings and of every possible considera-
tion. Frankly, it also has the endorsement
of most of the other major potato-produc-
Ing States, for it is equally Important to
them that the potato Industry as a whole
should not fall into disrepute with the con-
suming public.
Since a new crop of quality Idaho potatoes
will soon be harvested, It Is my hope that
this bill will receive the earliest possible
consideration.
ENROLLED JOINT RESOLUTION
PRESENTED
The Secretary of the Senate reported
that on today, October 17, 1963, he pre-
sented to the President of the United
States the enrolled joint resolution (S.J.
Res. 123) to authorize the printing and
binding of an edition of "Senate Proce-
dure" and providing the same shall be
subject to copyright by the authors.
ADDRESSES, EDITORIALS. ARTI-
CLES, ETC., PRINTED IN THE AP-
PENDIX
On request, and by unanimous consent,
addresses, editorials, articles, etc., were
ordered to be printed in the Appendix,
as follows:
By Mr. KEATING:
Article entitled "Cannot U.S.-Supported
International Banks Aid Needy, Essential
U.S. Railroads, Too?" by Arne C. Wiprud.
published in Traffic World, July 27, 1963,
and an editorial entitled "The World Bank
and Needy U.S. Railroads," also published in
Traffic World issue of September 7, which
will appear hereafter in the Appendix.
By Mr. MILLER:
Article entitled "Joe Gerber Grew Up With
Iowa Football at Racine's" published In the
Iowa City Press-Citizen.
By Mr. BOGGS:
Resolution adopted at a Pulaski Day cele-
bration in Wilmington, Del., relating to Po-
land.
JUSTICE DEPARTMENT SUPPORTS
CASTRO GOVERNMENT SUIT IN
INCREDIBLE BRIEF
Mr. KEATING. Mr. President, the
difficulty in pursuing effective economic
measures against the Castro regime is
illustrated in a unique manner by a
brief recently filed in the Supreme Court
by the Department of Justice.
In this brief, the Department of Jus-
tice joins on the side of a Castro-owned
bank in Cuba, the Banco Nacional, to
defeat the claims of a U.S. company
for the proceeds from the sale of sugar
seized by the Castro regime without the
payment of any compensation to the
original American owners of the sugar.
It Is conceded that the seizure of the
sugar by the Castro regime, like Its other
nationalization decrees against Ameri-
can-owned property, violated Interna-
tional law. Nevertheless, the Depart-
ment of Justice, joined by a minor official
of the Department of State, has filed a
brief urging the Supreme Court to over-
turn two lower court decisions dismissing
the claim of the Cuban bank.
Stripped of legal technicalities, what
is happening in tills case is that the U.S.
Government has j Dined a Castro agency
in a Federal court action to block pay-
ment to an American firm for the value
of the American-ov,ned sugar unlawfully
seized by the Castro regime. That Is
exactly the state of facts.
I am sure that this will strike many
as an incredible situation. When re-
ports of this case first came to my atten-
tion I was certain that the situation had
been exaggerated, if not misunderstood,
and asked the Solicitor General to send
me a copy of the brief. That brief, to
my utter dismay, fully confirmed the al-
legations with respect to the position of
the Department of Justice.
It is my consistent practice to refrain
from commenting on the merits of cases
In litigation and I do not Intend to dis-
cuss the merits of the dispute involved
in this case. But the United States is
not a party to the suit and its action
in this litigation from the point of view
of our international relations certainly
is an appropriate subject for public
comment and consideration.
Mr. President, I still cannot bring my-
self to believe that responsible officials
of the Department of State are aware
of the position taken by the Government
lawyers in this suit and I am encouraged
by the fact that the highest ranking
State Department official whose name
appears on the brief Is merely an As-
sistant Legal Adviser for Economic Af-
fairs. Indeed there are indications In
the brief that even the Department's
Legal Adviser opposed any intervention
by the United States in the litigation
and the U.S. Court of Appeals, in up-
holding a dismissal of the Banco Na-
tional's complaint, appears to have re-
lied on the Legal Adviser's position In
reaching the decision that the Castro
government's action violated interna-
tional law.
There have been encouraging signs In
recent months of determined U.S. ef-
forts to bring effective economic pres-
sures against the Castro regime, such as
I have proposed on many occasions. Yet
the brief in this case actually suggests
that one general consideration for re-
fraining from striking down the Castro
government's nationalization decree
under principles of international law is
that it would "prove seriously offensive
to, and injure relations with, the acting
foreign state." How any official of our
Government at this stage in history can
suggest such a rationale for upholding
Castro's discriminatory and retaliatory
measures against Americans with prop-
erty interest In Cuba defies understand-
ing. Certainly such statements cannot
be squared with our avowed determina-
tion to Isolate Castro politically and eco-
nomically from the rest of -the Western
Hemisphere.
The PRESIDENT pro tempore. The
time of the Senator has expired.
Mr. KEATING. Mr. President, I ask
unanimous consent that I may proceed
for i additional minute.
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
Mr. KEATING. Mr. President, until
it is conclusively shown to the contrary,
I shall construe this brief as an unfor-
tunate bureaucratic error reflecting not
a change in U.S. policy but the difficulties
of coordinating policy in the executive
branch. However, this experience should
lead to new steps by the Department of
State to make certain that every affected
agency of the Government adheres to the
State Department's foreign policy views
in carrying out Its responsibilities.
I am hopeful, that this matter will be
reviewed by the Secretary of State now
that attention has been called to the
Government's brief. The Solicitor Gen-
eral is a man of considerable legal ability,
but certainly, the foreign policy consider-
ations involved in dealing with such
claims by the Castro government should
be determined by the Secretary of State
and not by the Department of Justice.
TITO
Mr. YOUNG of Ohio. Mr. President,
through the years a great deal of our
taxpayers' money has gone to Tito's
Yugoslavia. Many Americans wonder
why we have given such aid and how
It has been used.
The facts are that from 1946 to 1951
total economic aid to Yugoslavia was
$298 million. There was no military aid.
At that time conditions were desperate
within Yugoslavia, as they were else-
where in war-torn Europe. American
assistance was given to prevent starva-
tion, disease and disaster. During those
years Harry S. Truman was President
of the United States.
However, during President Eisenhow-
er's administration, surprisingly enough,
under his so-called mutual security pro-
gram, from 1953 to 1960 we Americans
paid out economic aid to Yugoslavia
amounting to $899 million. We also paid
out in those years military aid amount-
ing to $647 million. This total 's star-
tling.
Mr. President, I am pleased that under
President Kennedy we are truthfully
terming the program "foreign assist-
ance" and not disguising it as "mutual
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